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H.R.2471 - To amend section 2710 of title 18, United States Code, to clarify that a video tape service provider may obtain a consumer's informed, written consent on an ongoing basis and that consent may be obtained through the Internet.112th Congress (2011-2012)

For further action, see H.R.6671, which became Public Law 112-258 on 1/10/2013.

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This bill has the status Passed House

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Introduced

Array
(
[actionDate] => 2012-11-29
[displayText] => Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute and an amendment to the title. Without written report.
[externalActionCode] => 14000
[description] => Introduced
)

Shown Here:Reported to Senate amended (11/29/2012)

Title I: Video Privacy Protection - Video Privacy Protection Act Amendments Act of 2012 - (Sec. 102) Amends provisions of the federal criminal code authorizing a video tape service provider to disclose personally identifiable information concerning any consumer to any person with the informed, written consent of the consumer to: (1) allow such consent to be provided through an electronic means using the Internet; (2) require such consent be in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer; (3) allow such consent to be given in advance for a set period of time, not to exceed two years or until consent is withdrawn by the consumer, which ever is sooner; and (4) require the video tape service provider to provide an opportunity for the consumer to withdraw such consent on a case-by-case basis or to withdraw for ongoing disclosures, at the consumer's election.

Title II: Electronic Communications Privacy - Electronic Communications Privacy Act Amendments Act of 2012 - (Sec. 202) Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to any governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider.

(Sec. 203) Revises provisions under which the government may require, pursuant to a warrant, the disclosure by such a provider of the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were stored for fewer than, or more than, 180 days.

Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide the customer a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity.

(Sec. 204) Authorizes a governmental entity that is seeking a warrant for the contents of communications to include in the application a request for an order delaying the notification required for up to 180 days, in the case of a law enforcement agency, or up to 90 days, in the case of any other governmental entity. Authorizes a court to grant one or more of such extensions on the basis of determinations required under existing law.

Allows a governmental entity that is obtaining the contents of a communication, or information or records, to apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive is directed not to notify any other person of the existence of the directive for up to 180 days, in the case of of a law enforcement agency, or up to 90 days, in the case of any other governmental entity. Provides for further extensions.

Requires service providers, after such extension, to provide the government three business days' notice of their intent to inform a customer or subscriber that the provider has disclosed the individual's electronic communications information to the government.